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  • Larry Raines v. D. Gulmatico A. Royster, 806 F.2d 258, 4th Cir. (1986)

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    Larry Raines, an inmate in Virginia, filed a civil rights lawsuit under 42 U.S.C. § 1983 against prison officials. The district court dismissed Raines' lawsuit on June 18, 1986. Raines noted his appeal on July 21, 1986, which was 33 days after the entry of judgment and 3 days past the 30 day deadline. Under the Federal Rules of Appellate Procedure, an appeal must be filed within 30 days of the entry of judgment unless an extension is requested within an additional 30 days. As Raines did not request an extension, his notice of appeal was untimely and the Fourth Circuit lacks jurisdiction to hear the appeal. The Fourth Circuit dismisses the case for lack of jurisdiction without oral

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    Filed: 1986-11-28 Precedential Status: Non-Precedential Citations: 806 F.2d 258 Docket: 86-6678

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    Larry Raines, an inmate in Virginia, filed a civil rights lawsuit under 42 U.S.C. § 1983 against prison officials. The district court dismissed Raines' lawsuit on June 18, 1986. Raines noted his appeal on July 21, 1986, which was 33 days after the entry of judgment and 3 days past the 30 day deadline. Under the Federal Rules of Appellate Procedure, an appeal must be filed within 30 days of the entry of judgment unless an extension is requested within an additional 30 days. As Raines did not request an extension, his notice of appeal was untimely and the Fourth Circuit lacks jurisdiction to hear the appeal. The Fourth Circuit dismisses the case for lack of jurisdiction without oral

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    Larry Raines v. D. Gulmatico A. Royster, 806 F.2d 258, 4th Cir. (1986)

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    Larry Raines, an inmate in Virginia, filed a civil rights lawsuit under 42 U.S.C. § 1983 against prison officials. The district court dismissed Raines' lawsuit on June 18, 1986. Raines noted his appeal on July 21, 1986, which was 33 days after the entry of judgment and 3 days past the 30 day deadline. Under the Federal Rules of Appellate Procedure, an appeal must be filed within 30 days of the entry of judgment unless an extension is requested within an additional 30 days. As Raines did not request an extension, his notice of appeal was untimely and the Fourth Circuit lacks jurisdiction to hear the appeal. The Fourth Circuit dismisses the case for lack of jurisdiction without oral

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    of 2

    806 F.

    2d 258
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Larry RAINES, Plaintiff-Appellant,
    v.
    D. GULMATICO; A. Royster, Defendants-Appellees.
    No. 86-6678.

    United States Court of Appeals, Fourth Circuit.


    Submitted Sept. 30, 1986.
    Decided Nov. 28, 1986.

    Appeal from the United States District Court for the Eastern District of
    Virginia, at Richmond. David G. Lowe, United States Magistrate. (C/A
    No. 86-119-R)
    Larry Raines, appellant pro se.
    Mary Moffett Hutcheson Priddy, McGuire, Woods & Battle; Robert
    Harkness Herring, Office of the Attorney General, for appellees.
    E.D.Va.
    DISMISSED.
    Before RUSSELL and WILKINSON, Circuit Judges, and BUTZNER,
    Senior Circuit Judge.
    PER CURIAM:

    Larry Raines, a Virginia inmate, seeks to appeal the judgment of the district
    court dismissing his civil action brought pursuant to 42 U.S.C. Sec. 1983. The
    district court entered final judgment in this case on June 18, 1986. Raines noted

    his appeal on July 21, 1986, thirty-three days after entry of judgment and three
    days later than the period prescribed by Fed.R.App.P. 4(a)(1).
    2

    Under Fed.R.App.P. 4(a)(1), an appeal must be noted within thirty days after
    the entry of judgment. Under Fed.R.App.P. 4(a)(5), a district court, "upon a
    showing of excusable neglect or good cause, may extend the time for filing a
    notice of appeal upon motion filed not later than thirty days after the expiration
    [of the appeal period]." Absent a request for extension of the appeal period, a
    notice of appeal filed in this second thirty-day period is untimely and
    ineffective to confer appellate jurisdiction. Shah v. Hutto, 722 F.2d 1167 (4th
    Cir.1983) (en banc), cert. denied, 466 U.S. 975 (1984). Therefore this Court
    lacks jurisdiction to hear Raines' appeal.

    Because the dispositive issues recently have been decided authoritatively, we


    dispense with oral argument and dismiss this case for lack of jurisdiction.

    DISMISSED.

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